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MARCH 6, 2007 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bayside - District oj WILLIAM R. DeSTEPH, At-Large HARRY E. DlEZEL, Kempsville - Dlstrtct 2 ROBERT M. DYER" Cenlerville - District I BARBARA M. HENLEY, Princess Anne District 7 REBA S. McCLANAN, Rose Hall - Dlstrtct 3 JOHN E. UHRIN, Beach District 6 RON A. VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -Distrtct 5 CITY COUNCIL AGENDA CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - LESLIE L. LILLEY CITY CLERK - RUTH HODGES FRASER, MMC 6 MARCH 2007 CORRECTED COPY 1. CITY MANAGER'S BRIEFINGS - Conference Room - 1 :00 PM A. NEWS RACK ORDINANCE Mike Eason, Resort Programs Administrator - Convention and Visitors Bureau B. TRANSPORTATION FUNDING Charles Meyer, Chief Operating Officer C. COMPENSATION-Market Salary Survey Fagan Stackhouse, Director - Human Resources D. BUDGET EXECUTION REPORTS 1. Fire Department Chief Gregory Cade 2. Housing and Neighborhood Preservation Andrew Friedman, Director 3. Real Estate Assessor Jerald Banagan II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA V. INFORMAL SESSION - Conference Room - 4:30 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E, Obemdorf B. INVOCATION: Reverend Kevin Milcarek Back Bay Christian Assembly of God C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS February 27, 2007 G. AGENDA FOR FORMAL SESSION H. PRESENTATION 1. REAL ESTATE ASSESSOR'S ANNUAL REPORT Jerald Banagan, Real Estate Assessor 1. PUBLIC HEARING 1. VERIZON VIRGINIA, INC. FRANCHISE 1. CONSENT AGENDA K. ORDINANCES 1. Ordinance to AUTHORIZE reimbursement of a Public Library employee's legal fees and expenses incurred in the successful defense of a misdemeanor charge arising from the discharge of official duties. 2. Ordinance to ESTABLISH "Playgrounds on the Beach" at 10th and 31 5t Streets; ACCEPT and APPROPRIATE $30,000 from the Virginia Beach Hotel and Motel Association; and, TRANSFER $70,000 from the Tourism Growth Investment Fund Reserve with revenue from local sources increased accordingly for the construction of the playgrounds. 3. Ordinance to APPROPRIATE $894,281 from the fund balance in the Tourism Advertising Program Special Revenue Fund to the FY 2006-07 operating budget of the Convention and Visitors Bureau for advertising and marketing related activities, with local revenue increased accordingly. L. APPOINTMENTS BEACHES AND WATERWAYS COMMISSION INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT ********************************** PUBLIC COMMENTS Non-Agenda Items ********************************** CITY COUNCIL BIENNIAL RESOURCE MANAGEMENT WORKSHOP SCHEDULE April 10 (Workshop) April 17 (Workshop) April 19 (Public Hearing) April 24 (Workshop) April 24 (Public Hearing) May 1 (Workshop) May 8 (Reconciliation Workshop) May 15 (Adoption) Council Conference Room Council Conference Room Bayside High School at 6:00 p.m. Council Conference Room Council Chamber at 6:00 p.m. Council Conference Room Council Conference Room Council Chamber at 6:00 p.m. CITYWIDE TOWN MEETING SCHEDULE -- Topics and locations to be determined Tuesday, June 19 Tuesday, September 18 Tuesday, November 20 ********* If you are physically disabled or visually impaired and need assistance at this meeting, please calJ the CITY CLERK'S OFFICE at 385-4303 *********** Agenda 03/06/07/gw www.vbgov.com - 1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 6 March 2007 Mayor Meyera E Oberndorf called to order the City Manager's Briefing re the NEWSRACK ORDINANCE in the City Council Conference Room, City Hall, on Tuesday, March 6,2007, at 1:00 P.M. Council Members Present: William R. "Bill" DeSteph, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Harry E. Diezel Robert M Dyer [Entered: 4:18 P.M) Ron A. Villanueva [Out of the City on Business) March 6, 2007 - 2 - CITY COUNCIL'S BRIEFING NEWSRACK ORDINANCE 1:00 P.M ITEM # 56152 Mike Eason, Resort Programs Administrator - Convention and Visitors Bureau, advised concerning the status of the Newsrack Ordinance: · December 12, 2006 - Staff briefed City Council on a draft ordinance to consolidate free and paid proprietary boxes into twenty-eight (28) modular units owned and maintained by the City - The ordinance would ensure 100% participation Proposed meeting with publishers to discuss ordinance · January 3, 2007 - Briefed publishers on proposed ordinance - Publishers requested time to develop voluntary program · January 24 and February 1,2007 - Joint meeting of subcommittees and Resort Advisory Commission - Resort Advisory Commission (RAC) was presented two (2) proposals Voluntary Program · Endorsed by a majority of the free and paid publishers · Forty-eight (48) locations along Atlantic Avenue · Free publications would use similar distribution boxes or modular units Paid publications would maintain existing proprietary boxes · Dispute between publishers on the number of locations and distribution issues within the hotels · Resort Advisory Commission (RAe) requested to comment on voluntary program. January 14, 2007 - Resort Advisory Commission (RAC) comments forwarded to publishers. February 21 & 27, 2007 - Publishers presented a two-step program to the Resort Advisory Commission (RAC) subcommittees: · Consolidated existing proprietary boxes in forty-eight (48) locations Free publications would transition into new boxes by June 15, 2007 Issues still exist regarding adoption of program by all publishers March 6, 2007 - 3 - CITY COUNCIL'S BRIEFING NEWSRACK ORDINANCE ITEM # 56152 (Continued) On March 1, 2007, the Resort Advisory Commission (RAC) recommended further review of the forty- eight (48) locations and concerns with all publishers not agreeing to the voluntary program. The RAC wished both police and traffic engineering to review re the safety prospective. Mr. Eason advised the staff is very optimistic this voluntary plan will come to fruition. Councilman Uhrin expressed appreciation to City Council for their patience in allowing the extra time concerning this issue. Councilman Uhrin believes this effort will culminate with a vastly improved program. March 6, 2007 - 4 - C IT Y MANA G E R (S B R IE FIN G TRANSPORTATION FUNDING 1:20 P.M. ITEM # 56153 Charles Meyer, Chief Operating Officer, advised, during their August 2006 Retreat, City Council identified Transportation as one of their five (5) goals for 2011. The staffwished to engage City Council in a discussion about transportation issues, leading to direction for staff development of the Roadway Capital Improvement Program. The portion concerning transportation funding discussed at the Town Meeting held at Kellam High on January 30, 2007, will also be discussed. A Transportation Discussion Notebook for City Council's discussion and review was distributed. . City Council's August 2006 Retreat Top Goal: Improve the Transportation System. . Top priorities included: . Funding Nimmo Parkway Phase V-A . Funding Princess Anne Road Phase IV . Roadsl"Pay As You Go" Funding Plan Funding Nimmo Parkway and Princess Anne Road . Nimmo Parkway Phase V-A . Funding programmed through June 2012 - $38.5M . Balance to Complete (Beyond July 2012) - $28.4M . Princess Anne Road Phase IV . Funding programmed through June 2012 - $27.5M . Balance to Complete (Beyond July 2012) - $18.3M . Funding could be diverted from the following projects with impacts to schedules and future funding requirements: . Elbow Road Phase II . Indian River Road Phase VII . Laskin Road Phase I . Lynnhaven Parkway Phase XI . Witchduck Road Phase II Roads/"Pay-As- You-Go" Funding Plan . In FY 2007/2008: . 3 cents = $16. OM . 4 cents = $21.3M . 5 cents = $26. 7M . 1f2-cent would be dedicated to on-going maintenance projects and 1f2-cent would be dedicated to safety improvement projects. . At 4-cents, the balance to complete the current CIP program could be fully funded in approximately 10 years (FY 2016/2017) March 6, 2007 - 5 - C IT Y MANA G E R 'S B R IE FIN G TRANSPORTATION FUNDING ITEM # 56153 (Continued) A year ago, the City was anticipating an annual amount of $26-MILLION in Urban Program funding, and, therefore, based the projections of the "Pay-As-You-Go" plan on this amount. This funding has been declining and has decreased to $10-MILLION Therefore, the "Pay-As-You-Go" plan is now making up $16-MILLION, "just to stay even". It was anticipated this Urban Program funding would drop further from the $10-MILLION, perhaps as low as $6-MILLION If new funding is provided by the General Assembly Legislation and the funding is $7.4-MILLION as reported in The Virginian-Pilot, this amount would be added to the $10-MILLION or $6-MILLION (if lower). Council Lady McClanan expressed concern re Oceana Boulevard. Concerning Nimmo Parkway and Princess Anne Road, Council Lady McClanan wished to be advised concerning the evaluation of these roads re less congestion, waiting and arriving at the destination more expeditiously. The City's biggest employment center, the Municipal Center, has only two (2) lane roads leading into itfrom all directions. Councilman Wood was advised funds from the General Assembly are being utilized for the Metropolitan Planning Organization projects; however, there is also a proposal to bring funds into the general "pot" which would come to the Urban Program system. Mr. Meyer believes this funding could be slightly more than $7.5-MILLION coming to Virginia Beachfor our Urban Program. The City Council was advised the Nimmo Parkway Phase V-A and Princess Anne Road Phase IV funding could be allocated to these two (2) projects, and thus be fully funded in the Capital Improvement Program (CIP). The "Pay-As-You-Go" Plan actually spread the funds out more broadly and assumed "new money". The status quo has been to spread the funds over a larger number of major projects. Mr. Meyer suggested a two-step approach. City Council suggested, as an example, a couple of projects could start within three (3) years and then City Staff would return with recommendations, the problems solved, impact on congestion and their recommended methodology offunding. Ifrefused, City staff could rework and eventually bring back a plan City Council found acceptable. With so many projects, the City is just "grasping at straws ". Mayor Oberndorf advised Oceana Boulevard was a bone of contention with the United States Navy as their personnel could not enter or exit the base in an expeditious manner. Too many accidents were occurring. The projects should be accomplished in the years committed by the City. Cities and Towns, as well as the State, are struggling to provide sufficient funding. Council Lady Henley referenced the funding proposal for the Transition area roads. These roads were to be funded by the housing built in this area. Mr. Meyer advised this discussion will be scheduled for a future City Council Session. The City Manager suggested this might be a topic City Council wishes to discuss during the City Council Retreat on March 12, 2007. Nimmo Parkway Phase V-A and Princess Anne Road Phase IV would not be developed simultaneously, but in close succession. Vice Mayor Jones advised a congestion nightmare could result. With both roads under construction at the same time, there would be no outlet for the traffic on Princess Anne Road. Vice Mayor Jones suggested completing Nimmo Parkway Phase V-A first. John E. Fowler, Engineer, Public Works, advised Nimmo Parkway Phase V-A and Princess Anne Road Phase IVare Virginia Department of Transportation (VDOT) Legacy projects. These projects could be phased to minimize the impacts. March 6, 2007 - 6 - CITY MANA GER 'S BRIEFING TRANSPORTATION FUNDING ITEM # 56153 (Continued) Robert Matthias, Assistant City Manager, advised in 1985, the City received from the State $65- MILLION in Urban Allocation funds. The Special Session in 1986 raised the sales tax by one-half percent. The City's allocation in 1987 increased to $18-MILLION, reaching a high of$31-MlLLION. The 2007 General Assembly's plan before the Governor has three (3) components: Northern Virginia, Hampton Roads and statewide. The Urban Allocation funds are received from the statewide component. This funding source is derived from General Fund monies in FY 2008 and taking approximately $64- MILLION General Fund surplus on an annual basis, dedicating one-third of the insurance premiums, increasing the motor vehicle registrationfee by $10.00 (statewide), collecting fees from abusive drivers (individuals with more than 8 demerit points), and heavy truck registration comprising approximately $31-MILLION. If one receives more than eight (8) demerit points after July 1, 2008, a reckless driving ticket with afee of$l, 000 is issued. There are questions concerning this process. Beginning in FY 2008- 2009, these new fees commence. There are basically no new fees for the next fiscal year, (the rest of the Biennium). Thesefees generate $531-MILLION in FY 2009, and may be as high as $622-MILLION in FY 2013. After the funding is expended through the various formulas, $172-M1LLION will be going into the Debt Service for $2-1/2-B1LLION worth of Bonds (issuing $300-MILLION per year). None of these funds can be utilized for Urban projects, only for interstate and primary projects. The cost for an interstate project is approximately $100-MILLION a mile. Funding is placed in the Highway Maintenance Operation (HMO) fund. At the present time, this HMO fund is taking $450-MlLLION out of the Transportation Trust fund (construction dollars are received from this fund). This will increase $50- MILLION a year. Approximately $200-MILLION will be added to the HMO fund, then the Transportation Trust Fund will increase approxiamtely $215-MILLION The various formulas take 22% off the top for transit, ports and rail, with the remaining 78% divided thusly: 30% - urban projects, 30% - secondary and 40% - primary roads. Approximately $7.4-MILLION will go to Virginia Beach. Urban allocation increased by 300% in 1986-1987 and this year could be less than 100%. The local fees for the Hampton Roads projects will be used to fund only the Metropolitan Planning Projects (MPO), consisting of six (6) major projects and the Northern Virginia projects. The City Manager advised the City's growth rate is 1/4 of 1 % per year, equating to 1200 citizens. According to the census bureau,' however, the City is losing population. Vehicle miles traveled is increasing 18% over a ten (10) year period. Mr. Matthias advised the State Budget is comprised of the General and Non-General Fund. The Non- General Fund is comprised of College Tuition, Medicaid, transportation funds from the Federal government. The total budget has been increasing strongly over the past number of years; however the General Fund has not increased as much. $950-MILLION is being taken from the General Fund to pay for the car tax program. This is another allocation out of the General Fund of $172-MILION that will not be available to education. Absent action by the General Assembly on Transportation funding, the State will be unable to fully match all the Federal dollars available in the very near term. At the present time the State does not have the funds available to pay the State's share which is 20% of the appropriations for the ramps at Great Neck Road, nor the State's share of the 1-64, 1-264 improvements. Mr. Meyer advised approximately $25-MILLION a year in local funds is utilized for our roads and they anticipate no additional new state funding with the state funding dropping down to $6-MILLION a year, thus the roads is now a local program. Mr. Meyer looks forward to continued discussion. Council Lady Henley had stated there will never be enough funds to build the City out of congestion. Therefore, other alternatives could be examined which do not involve construction. Mayor Oberndorf expressed appreciation for the report and the opportunity to explore the obstacles as the General Assembly is changing their participation in the governing process between themselves and the Cities, Towns and Counties. March 6, 2007 - 7 - C IT Y MANA G E R 'S B R IE FIN G COMPENSATION -Market Salary Survey 2:28 P.M. ITEM # 56154 Fagan Stackhouse, Director - Haman Resources, in detailing the most recent Market Salary Survey, provided a History of the Compensation System: . 1993: Changed from step system to open range to provide greater flexibility in granting pay adjustments . 1994: Input from City Council, City Manager, Department Directors and employee groups: D establish goal of 4.5% annual merit increases, to reach top of pay range in ten (10) years D move to market-based pay system . 1995: Implementedfirst market salary survey Market-Based Pay System Philosophy: Best paying municipal employer in our market . Survey Market: Norfolk' Portsmouth' Chesapeake . Hampton . Newport News . Approximately one hundred fifty (150) benchmark jobs surveyed and linked to remaining City titles Prior Methodology . Compare salaries using highest market pay range maximum salary . Provide pay range increase if VB salary is 2.5% below highest market maximum . Actual pay not increased with market adjustment unless salary falls below new pay range minimum . Provide pay structure adjustment, also without increasing actual salaries Mr. Stackhouse cited examples of the application of the 2004 Market Survey. The employees salary technically moved about seven percent (7%). March 6, 2007 - 8 - C IT Y MANA G E R 'S B R IE FIN G COMPENSATION - Market Salary Survey ITEM # 56154 (Continued) . Employee Salary: $35,000 (Actual) . Employee Pay Range: 15 Cl $25,410 minimum - $36,845 maximum . 5% Market Adjustment - Increase to pay range 16 Cl $26,696 minimum - $38, 710 maximum . 2% Pay Plan (Structure) Adjustment CJ $27,230 minimum - $39,484 maximum . Employee Salary: $35,000 . Employee Pay Range: 16 CJ $27,230 minimum - $39,484 maximum OUTCOMES . Allowed progression through the pay range based on performance · Cost effective while increasing earning potential for current employees and recruitment potential for applicants . Fewer employees reach pay range maximum ("topped out ") . Caused increased salary compression Methodology for 2007 . Compare salaries using highest market pay range midpoint salary · Provide pay range increase if Virginia Beach salary is 2.5% below highest market midpoint* · Actual pay is increased with market adjustment (market survey every 3 years) . Provide pay structure adjustment that also increases actual salaries *The majority of the area cities are utilizing the midpoint of the pay range (determined by mathematical formula), which is a good comparative indicator. March 6, 2007 - 9 - C IT Y MANA G E R 'S B R IE FIN G COMPENSATION -Market Salary Survey ITEM # 56154 (Continued) Application of the 2007 Market Survey . Employee Salary: $35,000 . Employee Pay Range: 15 o $26,437 minimum - $38,334 maximum . 5% Market Adjustment - Increase to pay range 16 o $27,775 minimum - $40,274 maximum . Employee Salary: $36,750 . 1.5% Pay Plan and Salary Adjustment * o $28,191 minimum - $40,878 maximum . Employee salary: $37,301 *Mr. Stackhouse advised the significant difference is the structural adjustment. Outcomes . Results in significant additional costs o Market o Pay Plan and Salary Adjustment $3. 8m $5. 2m . Increases recruitment potential for applicants . Promotes greater retention of employees . Greater number of employees reach maximum of pay range ("topped out'J . Does not cause salary compression 2007 Market Salary Preliminary Results . One hundredforty-eight (148) benchmarks included in survey . Forty-six (46) benchmarks indicate a needfor market increase . A total of one hundred ninety-six (196) titles would be increased based on the benchmarks . Police Officer o Highest Survey Midpoint: $46,909 o City of Virginia Beach Midpoint: $46,446 1% Below Market . Firefighter o Highest Survey Midpoint: $46,880 o City of Virginia Beach Midpoint: $46,446 .94% Below Market March 6, 2007 - 10- C IT Y MANA G E R 'S B R IE FIN G COMPENSATION -Market Salary Survey ITEM # 56154 (Continued) 2007 Market Salary Survey Preliminary Results: Police Officer Citv Minimum Midooint Maximum Norfolk $38,319 $46,909 $55,499 Chesapeake $34,136 $42,038 $49,940 Portsmouth $32,983 $43,701 $54,420 Hampton $35,620 $46,880 $58,141 Newport News $35,620 $37,348 $39,075 Virginia Beach $37,915 $46,446 $54,977 2007 Market Salary Survey Preliminary Results: Firefighter Citv Norfolk Chesapeake Portsmouth Hampton Virginia Beach Minimum $38,222 $34,136 $32,983 $35,620 $37,915 Midooint $42,979 $42,038 $43,701 $46,880 $46,446 Maximum $47,736 $49,940 $54,420 $58,141 $54,977 Concerning benefits comparison with other localities, Virginia Beach is fairly close in terms of benefits. Virginia Beach's health care plan might be slightly preferable. The City's contribution to the employees' benefits is similar to the other cities. Councilman DeSteph advised the Employees Benefits Review Task Force is reviewing the City's benefits, which have proven to be very rich. Information concerning the benefits and true market averages (not highest midpoint) shall be provided. Other Compensation Implementation Actions for July 2007 . Public Safety Salary Compression Adjustments: Year 2 o Addresses horizontal and vertical compression o 1,100 Employees o Cost: $3.6 million . Vertical Compression: General Employees Estimated Impact: o 100 Employees o $600,000 March 6, 2007 - 11 - C IT Y MANA G E R 'S B R IE FIN G COMPENSATION -Market Salary Survey ITEM # 56154 (Continued) Mr. Stackhouse advised the formula concerning vertical compression shall be provided The City wishes to be assured a supervisor is not making less than those they supervise. Comparative Practices of Other Local Jurisdictions . Findings based on a national survey with 13 cities responding: I:l Practices related to promotions similar to our City I:l Most use salary surveys to ensure pay competitiveness for recruitment and retention I:l Most provide merit increases based on performance to move employees through pay range What does all of this mean? . Continued efforts to remain competitive in the market. . Adjusting our pay practices to minimize compression. . Based upon affordability, implement market results and pay for them as we go. . Demonstrates a City commitment to ensure a quality workforce by offering a competitive compensation package. Council Lady McClanan requested information concerning policies concerning control of City employment (only hiring individuals needed). Mr. Stackhouse advised the program, Worliforce Planning and Development, reviews the employees required at certain future times, which does not necessarily mean the hiring of additional employees but a structuring and reorganization in order to accomplish certain jobs. The City Manager advised the employee growth related almost exclusively to new facility openings, i.e. Juvenile Detention Center - 93 employees, doubling the size of the Correction Center - 88 employees, new Fire Station - 27 employees. Instructions have been with the proposed Budget: "no new employees ". Personnel costs are the highest driver. Councilman DeSteph requested the growth re the number of employees (broken down into three (3) categories, full time, part time and contract employees) be provided. Council Lady Wilson advised the cost per student in schools continues to be lower than the other jurisdictions. Mayor Oberndorfrequested the statistics concerning other cities' populations and their workforce size. The City Manager advised Virginia Beach is afull consolidated City and County. March 6, 2007 - 12 - BUDGET EXECUTION REPORTS FIRE DEPARTMENT 3:02 P.M. ITEM # 56155 Chief Gregory Cade, Fire Department, advised there is approximately one (1) fire fighter for every thousand (1,000) City residents. This isfar below the National average. For a City of the size of Virginia Beach, the fire activity is still relatively low. Chief Cade outlined FY 2006-2007 Budget. 88% of the Budget entails Personnel. The Fire Department is at its full authorized strength. The Fire Department is participating with ICMA in a national data collection program. Fire Department: Revised FY 2006-2007 Budget ~ e DCO""".O' . huonMI__'- Servioe. 11% Z% C Ott..r Ch.rge. .... Comparison of Cunent Rite of Expend~rn with Projection ''''' IJQ% "._n_._.___."_H'___'_' "" "" "" Rf.'()lil\~, " N,:i!itfn;:iHy f',><.Ol:lflllH,1 ;:i!\';/Li1~; $al(;1,\/ FrJu(';,)tilir~ and ArS(J!l Pr'l!~rari1:> 100'',;' Llle ~;;'11f'ty C(;d\j 'x>rnpll;)I!("<~ :,)Ch;f:'Vf:~ni\>I,t Wn:ld.{'ia% En1f.'ipUa_y R\,;~;p(}!)se l.:ap,..t,ih\y in d '-"'!INy ;,,1 F.llH~!qe'i(V M'Jil"Ot;!T:l.'lll! f-'fI'~~P!l(,:~~ at Re\jl'H!"UStlf'.~iFf'd\';1 ill CF,t.l.! NHlij;118,iy A(.'creditef,i ~5mIi :"" "" ,.. M _ ~ ~ ~ ~ ~ ~ MM _ ~ ~ ... Service Delivery Objectives ... Staffing . Apparatus . Facilities . Emergency Management FOe:En",>.; Revised Exp to Date HE'. Proaram GrOUD FY 2006-07 FY 2006-07 FY 2006-07 Fire Mar5hall's OffIC8 $3,718,474 $2,009,483 4196 Fire Operalion& & Training 36,493,857 18,012,062 426.70 FIr8Program 647.361 129,771 100 Fire Grants 992,832 856.798 325 Total $41,852,524 $21,008114 472 91 Emergency Service Delivery Fire Department Incident Responses Type of Incident 2004 2005 Fire Incidents - Structural 473 415 Fire Incidents - All Others 795 712 EMS 14983 14950 Non-Fire Incidents 8707 9072 Totals 24958 25149 2006 455 967 15757 9405 26584 5.7% INCREASE in total call volume 2005-2006 March 6, 2007 - 13 - BUDGET EXECUTION REPORTS FIRE DEPARTMENT ITEM # 56155 (Continued) "FIRST-IN" TRA VEL TIME FOR ALL CALLS (90%): 7:17 minutes 2006 ICMA: Calls with a Travel Time of 5 minutes or less: National Average: 55.2% Virginia Beach: 36% 2006 ICMA: Calls with a Total Response Time of 8 min. or less: National Average: 77.6% Virginia Beach Average: 45% Virginia Beach Total Response Time First-In (90%): 12:53 VBFD TOTAL RESPONSE TIME FOR 1-2 FAMILY DWELLING FIRST ALARM ASSIGNMENT (90%) REMAINS A T 20 MINUTES Goal of 15 Minutes TRT: 46.5% Achievement Goal of 10 Minutes TRT: 10.4% Achievement CHANGE AGENTS RELATED TO DECREASING RESPONSE TIMES · INCREASED STAFFING INCREASED RESOURCES · IMPROVED DISTRIBUTION OF RESOURCES HUMAN RESOURCES · Emergency Operations Staffing · Currently VBFD has four hundred thirty-eight (438) authorized uniformed positions · Minimum staffing of ninety-nine (99) members in stations each day · Seven (7) companies staffed at 4 person minimum · Twenty-one (21) companies staffed at 3 person minimum · Priorities for additional staffing · Single piece companies · Specialtycompanks · Drivers: Member Safety - Increased Effectiveness of Service Delivery tied to Improved response times/response reliability - ALS provider support for ERS w/o decreasing Fire Capability · Non-Uniform Staffing currently at 35 · Emergency Management · Fire/Life Safety Education and Code Enforcement · Human and Physical Resource Management · Grants, Budget and Finance · Administrative Support March 6, 2007 - 14 - BUDGET EXECUTION REPORTS FIRE DEPARTMENT TEM# 56155 (Continued) HUMAN RESOURCES (Continued) · Priorities . Emergency Management/Homeland Security · Resource Management . Technology/Business Application Management . Drivers: Technology - Complexity of processes - New service/support demands - Grants management - Effective asset management - Strategic business and budget planning CAPITAL IMPROVEMENT PROJECTS FIRE APPARATUS CIP FY2002-07: $10,580,300 Budgeted · Replaced 14 Engines/Squirts 6 Ladders 1 Specialty Unit NFPA Replacement Schedule Recommends: Engines: 15/5 Ladders: 12/5 CIP FY2007-12 · Projected Replacements: 11 Engines 1 Ladders 1 Squirts 4 Specialty Unit During FY2007-12 the Virginia Beach Fire Department will replace 8 Units 20-25 yrs. 5 Units 15-20 yrs. FACILITIES Rehabilitation and Renovation · Plaza Fire and Rescue Station · New/Replacement Facilities . Replacement - First Landing Fire and Rescue Station · Replacement - Thalia · Replacement - Blackwater Replacement - Chesapeake Beach . Needed - Diamond Springs/Northampton Blvd. · Needed - Landstown RdlSalem Road . Needed - Princess Anne RoadlPleasant Ridge Road · Needed - Centerville/Kempsville Rd. March 6, 2007 - 15 - BUDGET EXECUTION REPORTS HOUSING AND NEIGHBORHOOD PRESERVATION 3:30 P.M. ITEM # 56156 Andrew Friedman, Director - Housing and Neighborhood Preservation, outlined their FY 2006-2007 Budget. There are 165,000 housing units in the City of Virginia Beach. More than one-half of the funds go outside the Department to fund the activities or payments to others: Housing Choice Voucher Payments, Contractors and non-profits who create and rehabilitate houses. The rental inspection program is an important component of fire prevention. Rental units must have workable smoke detectors. Housing and Neighborhood Preservation: FY 2006-07 Revl5ed Budget T",nll..,.,& Res""".. K('y ~~>I'>r...{i"(:s ,.- IdiilbiiitatHill 1~",iq~lbnrhiJi;d il;<,iitu1e, :':oll!Jitil)fl '"ur>((V;' Comparison of Current Rale of Expendllures with Projection fl'" "" Rf.'~lutt':) - ~;()() <:lIH\\J<:,! ny,j-,' M A~ _ ~ ~ ~ ~ ~ M~ _ _ ~ -R_MlNIlh1rR... -FYQ1JgII 1.800 [1OU';('rl0Irh Ui:dCI via tWli':'>;ll~J v;,uc!WfS 100 annualllousin,J units retwnHltatf:\J f()f h()mUiWl1ef~; OV<~f $'1,000,000 (j;r,':ctly 10 nU;\"f!;\)j!t\; In :,prvf! tl\'~ tlOrnd('.':)~, tIJ.., (..urr~ilt Pr(\J\j'.~h ...Cio\' deaf 811q{>; VIHarJU (,j Sf)'\i bl!{Jn; r!c'!Ulocl'Iicnl: Totar' Revised Er.p to Date HE'. ~ .fY.lliHI ~ $ 1,310,622 $894,386 10,00 2.372.671 1,097,721 31.00 11.185.744 6,917,792 12.00 2.623.667 1,423,702 900 460,298 195,286 700 $16,973.002 $10.528,887 69.00 . Declining CDBG Funding - down over $1 million in ten years . Regional Cooperation on Homelessness . Graffiti abatement .. Continuing/enhancing code enforcement . Retirements and workforce development ~ Administration Code Enforcement Section 8 HOU$lng Housing Development Neighborhood Services 'Of the lotal FY2006-07 budget. 889% is supported by revenue generated from lees and non-General Fund sources COSG Grant vs. 2.5% Inflation $5,000,000 $4,500,000 $4,000,000 $3,500,000 $3,000,000 $2,500,000 $2,000,000 $1,500,000 $1,000,000 $500,000 $0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ . grant inflated @2.5% III actual grant - 16 - BUDGET EXECUTION REPORTS REAL ESTATE ASSESSOR 3:40 P.M. ITEM # 56157 Jerald Banagan, Real Estate Assessor, outlined their FY 2006-2007 Budget and advised a correction. The first line reflecting City Real Estate Assessor in the amount of $19,206 actually is the Board of Equalization, a separate entity. The Real Estate Assessor's Budget entails primarily Personnel (92.29%), consisting of twenty-two appraisers, two (2) administrators and eleven (11) support staff. Record setting new construction ($689-MILLION), during the past two (2) years, has primarily driven their Budget. The Real Estate Assessor is the only Assessor's office in Hampton Roads which administers the Senior Citizen Tax Exemption program. Four (4) employees work almost nine (9) months a year to process this program. The current RACS project, hopefully coming to fruition in a few months, involves incorporation of all the taxes administered by the Commissioner of the Revenue, and the collection and billing process by the City Treasurer. The current Assessor's computer system is very old. This RACS project will provide better service to the public. Funding is being requested to finish the Sketching project (digital sketchings were not compatible with the software purchased). The sketchings drive the computer assisted assessment software. Wingate Appraisal, a vendor from Southwest Virginia, is working on-site re this program. Real Estate assessments will be mailed Friday, March 9, 2007. Real Estate Assessor: Revised FY 2006 . 2007 Budget Comp.rison of Current RMe of EXP'nda,,.s with Projtotion .00"""'''' Servlcu .Pt"OIlIl.1 0.22'1(, 12021'1'0 ODtllerCh_llU 7.4''10 IOO.OlN lO.lllI% .....,.-........-------...... ...... 10.lllI% _ tll.~ __"_.____._._n_._." i 50.~ "'<<l.~ * Key Services - . Reappraisal of Real Estate . Senior Citizen Tax Exemption . Land Use Taxation Results - . FY 2008 Assessment - $55.058.244.271 . Senior Citizen Exemptions - 5.420 recipients @ $9,651 ,395 , Land Use Taxation - 35,395 acres Current Projects . RACS/ProVal ..... 10,""' ...- ..--.......--.-----.."....,.-........-..-""...-..-.,..."".....--......_" ..... N A~ ~ ~ ~ ~ hI! ~ Wv _ u~ ~ I FbadllonlltlyR.re FY01R,"1 . ProVal/Sketch Project $225,000 . Business Application Specialist $79,000 Revised Exp to Date HE', proaram GtOUD FY 2006-07 FY 2006-07 ~ City Reill EstlteAssessOf $ 19,206 $3.604 035 City Real EstilteA&sessOf 2.765,672 1.319.381 35.00 Total $ 2,784,878 $1,322.985 35.35 March 6,2007 - 17 - CITY COUNCIL LIAISON REPORTS 3:55 P.M. ITEM # 56158 Council Lady Henley, Liaison - Bikeway and Trail Advisory Committee, distributed an impressive listing of Bikeway/Trail projects by Planning Area, dated January 26, 2007, compiled by Barbara Duke, Design and Development, Parks and Recreation. Said information is hereby made a part of the record. The issue is being addressed and the Bikeway and Trail Advisory Committee is working diligently, as well as realistically. Much of the potential for new bikeways comes with new highway projects. When there are not any new highway projects, then the bikeways are not being constructed. The Committee readjusted their request and realized a great need for sidewalks (CIP 4-075). The newly established project for Pedestrian Connectivity improvements will fund the construction of new sidewalks in areas determined most in need (derived from year end fund balance). The Bikeway and Trail Advisory Committee, during their meeting, March 12,2007, will be examining the priorities of the projects for this year end fund balance. Council Lady Henley advised Project #4-074 Princess Anne Commons references the Racing Criterion and Sportsplex Feasibility Study will commence shortly. Mayor Oberndorf and City Council expressed appreciation for the detailed update. ITEM # 56159 Council Members McClanan and Wilson - Liaisons to the Historic Governance Committee, met yesterday, March 5, 2007, with the Members. This Committee is working diligently, meeting almost weekly re governance and preservation. A Foundation will be recommended to raise funds for the historic areas of the City. ITEM # 56159 Council Lady Henley, Member - Green Ribbon Committee, advised this Committee proposed by Councilman Schmidt, started meeting last November and divided into three (3) Subcommittees. These meetings usually comprise two (2) to four (4) hours per Subcommittee. Council Lady Henley's Subcommittee has been meeting every week. The issue is to develop recommendations relating to water quality in the City's waterways. The Subcommittees are to provide their individual recommendations to the full Committee by April Fifth. Each of the Subcommittees will then review the work of all. Their recommendations are to be presented to City Council this Summer (either June or July). There are five (5) watersheds in the City: Lynnhaven, Elizabeth, Back Bay, North Landing and Owls Creek. March 6, 2007 - 18 - CIT Y COUNCIL COMMENTS 4:30 P.M. ITEM # 56160 Vice Mayor Jones, advised last night, March 5, 2007, be met with the Cyprus Point Civic League, and provided information re the basic elements of the Bayside Action Plan. The Civic League was appreciative of the appropriation from the Year End Fund Balance for the new Bayside Community Center. Mayor Oberndorf advised she was informed by one of the City's most faithful volunteers; the Recreation Center was needed for the children in Aragona Village. ITEM # 56161 Council Lady Henley referenced a newspaper article concerning action by the General Assembly re smoking in restaurants. The Governor was interested in hearing from State Legislators concerning whether they wished this applied in cities. Mayor Oberndorf has heard from citizens who wish smoking banned. Councilman DeSteph advised Washington, D.C. enacted a non-smoking ban effective January First. Robert Matthias, Assistant City Manager. advised the Bill with a complete "ban of smoking " FAILED in the House and then went to Subcommittee, which never had a public vote. The Bill that did pass the General Assembly basically states all restaurants must now put up a sign saying "Smoking Allowed". The American Cancer Society thinks this is a giant step backwards and the expectation is the Governor will attempt to change this Bill to require restaurants to go "Non Smoking ". Part of the concern is there is no distinction in the State Code between bars and restaurants. It will probably be next year before anything goes forward. Councilman Uhrin advised many of the restaurants in the Beach District are voluntarily enforcing "Non- Smoking" (Winton SalemlRudee Inlet). ITEM # 56162 Mayor Oberndorf referenced attending the impressive presentation of "To Kill A Mockingbird" at the Wells Theater. A young man 3 who frequently attends the City Council sessions expressed appreciation to the Mayor and Council for the funds made available to the Wells Theater (from the Arts and Humanities Commission) and to the Mayor re attending the performance. Mayor Oberndorf advised the funds are being wisely invested. March 6, 2007 - 19 - AGE N DA REV I E W S E S ION 4:15 P.M. ITEM # 56163 BY CONSENSUS, the following shall compose the CONSENT AGENDA: K. ORDINANCES 1. Ordinance to AUTHORIZE reimbursement of a Public Library employee's legal fees and expenses incurred in the successful defense of a misdemeanor charge arising from the discharge of official duties. 2. Ordinance to ESTABLISH "Playgrounds on the Beach" at 10th and 3rt Streets; ACCEPT and APPROPRIATE $30,000 from the Virginia Beach Hotel and Motel Association; and, TRANSFER $70,000 from the Tourism Growth Investment Fund Reserve with revenue from local sources increased accordingly for the construction of the playgrounds. 3. Ordinance to APPROPRIATE $894,281 from the fund balance in the Tourism Advertising Program Special Revenue Fund to the FY 2006-07 operating budget of the Convention and Visitors Bureau for advertising and marketing related activities, with local revenue increased accordingly. March 6, 2007 - 20 - ITEM # 56164 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-3711 (A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A)(l) Council Appointments: Boards, Commissions, Committees, Authorities and Agencies LEGAL MATTERS: Consultation with legal counselor briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requiring the provision of legal advice by counsel pursuant to Section 2.2-3711 (A)(7). SPSA Yard Waste Facility Upon motion by Councilman Uhrin, seconded by Vice Mayor Jones, City Council voted to proceed into CLOSED SESSION (4:18 P.M.). Voting: 9-0 Council Members Voting Aye: William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel Ron A. Villanueva [Out of the City on Business) (Closed Session: 4: 18 P.M. -5:43 P.M.) (Recess: 4:20 P.M. - 4:26 P.M.) (Dinner: 5:23 P.M. - 6:00 P.M.) March 6, 2007 - 21 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL March 6, 2007 6:09 P.M. Mayor Meyer E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, March 6,2007, at 6:09 P.M Council Members Present: William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Harry E. Diezel Ron A. Villanueva [Out of the City on Business) INVOCA TION: Vice Mayor Louis R. Jones PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a real estate agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. March 6, 2007 - 22- Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 56165 Upon motion by Councilman Uhrin, seconded by Council Lady Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 9-0 Council Members Voting Aye: William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel and Ron A. Villanueva March 6, 2007 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM #56164 Page 20, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW; THEREFORE, BE IT RESOL VED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. ~~~~L.-J uth Hodges raser, MMC City Clerk March 6, 2007 - 23 - Item V-F.l. MINUTES ITEM #56166 Upon motion by Council Lady Wilson, seconded by Councilman Wood, City Council APPROVED the Minutes of the INFORMAL and FORMAL SESSIONS of February 27, 2007. Voting: 9-0 Council Members Voting Aye: William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley. Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel and Ron A. Villanueva March 6, 2007 - 24- Item V-G 1. ADOPTAGENDA FOR FORMAL SESSION ITEM 56167 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION March 6, 2007 - 25 - Item V-G 2. PRESENTATION ITEM 56168 Mayor Oberndorfrecognized the following Boy Scout in attendance tofuljill requirementsfor his Citizenship in the Community badge. Troop 504 John Lesniak, III Accompanied by Father: John Lesniak Mayor Oberndorf presented Scout John Lesniak with a City Seal pin from the City of Virginia Beach. March 6, 2007 - 26- Item V-H.l. PUBLIC HEARING ITEM 56169 Mayor Oberndorf DECLARED A PUBLIC HEARING: VERIZON VIRGINIA, INC. FRANCHISE There being no speakers, Mayor OberndorfCLOSED THE PUBLIC HEARING. March 6, 2007 - 27- Item V-H.1. PRESENTATION ITEM 56170 Jerald Banagan, Real Estate Assessor, advised on Friday, March 9, 2007, the Assessor's Office will mail Notices of Assessment for the Fiscal Year 2008. Only those property owners whose assessment changed will receive an assessment notice. The projected FY 2008 assessment of $55,058,244,271 represents a 19.1% increase over the current assessment. Each penny of the tax rate will generate $5,506,000 in revenue for a total tax of $545,077,000 at the current rate of $0.99. i{.lesidential 20.68% rtpartment 4.69% CommerciaVIndustrial 10.97% Average Appreciation (Excluding Growth) A verage Change 18.54% A verage Appreciation (Excluding Growth Fiscal Year IA verafle Cham!e 2008 118.54% 2007 119.61% 2006 119.78% 2005 11.48% 2004 6.58% March 6, 2007 - 28 - Item V-H.1. PRESENTATION ITEM 56170 (Continued) The data utilized to prepare the assessments was from recorded sales July 2005 to June 2006. Due to the market conditions this year, sales were reviewed from July 2006 through December 31, 2006 to be assured trends had not changed from the assessments prepared on earlier data. The assessments during the last six (6) months are still increasing slightly overall with the volume of sales still relatively strong. There were 4800 sales of res idential property in the last six (6) months. This new sales data was utilized to review all the neighborhoods again and minor adjustments were made to the previous preliminaries. Average Residential Values ssessment anJ{e In veraJ{e Single Family $360,100 $61,200 21.5% Townhouse $167,200 $37,600 29.0% Low Rise Condominium $270,700 $49,800 22.5% High Rise Condominium $387,800 $76,000 24.4% lfJuplexlHome with Apartmem $474,900 $87,600 22.6% Vtll Residences $323,000 $56,900 21.4% *Rounded to nearest $100 Average A * Ch 'A Assessment Comparison by Classification 2008 2007 Classification Assessment Assessment General Commercial 8.0% ~.9% Hotel 1.5% ~.7% Office 2.3% '3.0% ~.4% 4.3% Industrial 1.2% 1.3% Apartment 4.3% 5.0% Residential 66.2% 65.3% Townhouse 6.0% 87.0% 5.6% 85.7% Condominium 10.0% 9.3% Vtgric ult ure 0.5% 0.5% March 6, 2007 - 29- Item V-H.1. PRESENTATION ITEM 56170 (Continued) New construction for the past twelve (J 2) months amounted to $689,400,000, which is an increase of 9.5% from the previous year. This was the largest new construction year on record. Residential new construction amounted to 78% of the total yearly construction, while commercial/industrial represented 22%. Change in land due to rezonings and subdivisions amounted to approximately $360,000,000. This also was the largest land change on record. :New Construction (January 2006 tliru (j)ecem6er 2006) 041:-' < ",":c: <"""""r,",:/; Commercial 34 1 42 36 143 General Commercial $48,662,234 Hotel 3,535,101 Industrial 14,513,697 Office 52,296,377 Commercial/Industrial Additions 32,472,121 Total Commercial New Construction $151,479,530 22% Residential Single Family $221,326,104 Duplexes 1,429,899 Townhouses 3,627.932 Condominium Units 205,599,961 Apartments/Multi-Family 49,998,040 Residential Additions 55,940,928 Total Residential New Construction $537.922,864 78% 625 8 20 854 398 3,016 Total New Construction $689,402,394 100% Mr. Banagan advised noteworthy examples of the Commercial construction: Lowe's Ocean Beach Club Parking Garage $12 -MILLION $ 8 -MILLION $10 -MILLION $7.6-MILLION $ 8-MILLION Amerigroup Office Building (2) Sentara Buildings Residential, apartment and agricultural properties comprise 87% of the tax base with commercial and industrial properties constituting 13% of the tax base. The percentage of the tax base for residential property increased 1.3% from the current year. The average assessment on a new home was $496,900. Mr. Banagan advised the Tax Increment Financing (TIF) is figured with Accounts Receivable at the end of the year,' therefore, the figures reflected in the Chart will change. March 6, 2007 - 30 - Item V-H.l. PRESENTATION ITEM 56170 (Continued) 'I'a:(Increment Pinancing ana Specia{ Service (j)istricts Lvnnhaven Mall Shoooina District TIF Base Year Preliminary $225.3 Million $459.0 Million Sandbridae District TIF & SSD Base Year I FY 1998 I $206.1 Million Preliminary I FY 2008 I $1.325 Billion Central Business District South TIF Base Year I FY 1999 I $151.8 Million Preliminary I FY 2008 I $537.9 Million SSD First Year I FY 2003 I $18.5 Million Preliminary I FY 20081 $208.8 Million Last year, the General Assembly made changes in the limitation of the Senior Citizens and Disabled Persons Exemption Program. City Council also amended the limitations. The net worth limitations were changed from $200,000 to $350,000. The home and up to ten (10) of acres of land is not included in the net worth. Income limits was changed commensurate with the average residential appreciation as per City Council's policy ($52,000). In the current year, 5,420 residents were assisted for a total tax reduction of$9,651,395. Real Estate Tax ExemptionlDeferrallFreeze for Senior Citizens and Disabled Persons Fiscal Year 2007 Proflram Recioients A verafle Benefit Exemption 5,039 $1,883 Freeze 354 $ 467 Deferral 27 $2,938 The City's website contains information relative all assessments. If there are any corrections, appropriate adjustments can be made. March 6, 2007 - 31 - Item VlK. ORDINANCES ITEM #56171 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED IN ONE MOTION Ordinances 1, 2 and 3 Voting: 9-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel and Ron A. Villanueva March 6, 2007 - 32 - Item V-K..l. ORDINANCES ITEM #561 72 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to A UTHORIZE reimbursement of a Public Library employee's legal fees and expenses incurred in the successful defense of a misdemeanor charge arisingfrom the discharge of official duties. Voting: 9-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel and Ron A. Villanueva March 6, 2007 1 2 3 4 5 6 7 8 AN ORDINANCE AUTHORIZING THE REIMBURSEMENT OF AN EMPLOYEE'S LEGAL FEES AND EXPENSES INCURRED IN THE SUCCESSFUL DEFENSE OF A MISDEMEANOR CHARGE ARISING FROM THE DISCHARGE OF OFFICIAL DUTIES WHEREAS, a Virginia Beach employee was charged with a 9 misdemeanor for actions arising out of the performance of her 10 official duties; 11 WHEREAS, at a trial held in the Virginia Beach General 12 District Court on November 27, 2006, she was found not guilty of 13 the charge; 14 WHEREAS, in the defense of said charge, the employee 15 incurred legal fees and expenses in the amount of $1,668.50 and has 16 requested the City to reimburse her for such fees and expenses; 17 WHEREAS, Section 15.2-1521 of the Code of Virginia 18 provides that "(i) f any officer of employee of any locality is 19 investigated, arrested or indicted or otherwise prosecuted on any 20 criminal charge arising out of any act committed in the discharge 21 of his official duties, and no charges are brought, the charge is 22 subsequently dismissed, or upon trial he is found not guilty, the 23 governing body of the locality may reimburse the officer of 24 employee for reasonable legal fees and expenses incurred by him in 25 defense of such investigation or charge, the reimbursement to be 26 paid from the treasury of the locality"; and 27 WHEREAS, the Department Director and the City Attorney's 28 Office have reviewed the circumstances of this case, assessed the 29 itemized bill submitted by the employee's legal counsel, and 30 determined that the legal fees and expenses are reasonable. 31 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 32 OF VIRGINIA BEACH, VIRGINIA: 33 That the Director of the Public Library Department is 34 hereby authorized to expend funds in the amount of $1,668.50 from 35 the FY 2006-07 Operating Budget of the Public Library Department 36 for the purpose of reimbursing the employee for legal fees and 37 expenses incurred by her in defense of a misdemeanor charge brought 38 against her arising out of the performance of her official duties. 39 Adopted by the Council of the City of Virginia Beach, 40 Virginia, on the 6 day of March , 2007. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: f1~~ A r-L City ttorney's Offlce CA-10245 H/GG/ordres/Saucier.legalfees.ord.doc R-4 February 20, 2007 2 - 33 - Item V-.K.2. ORDINANCES ITEM #56173 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to ESTABLISH "Playgrounds on the Beach" at ](jh and 31"1 Streets; ACCEPT and APPROPRIATE $30,000 from the Virginia Beach Hotel and Motel Association; and, TRANSFER $70,000 from the Tourism Growth Investment Fund Reserve (TGIF) with revenue from local sources increased accordingly for the construction of the playgrounds. Voting: 9-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel and Ron A. Villanueva March 6, 2007 1 2 3 4 5 6 7 8 AN ORDINANCE TO ESTABLISH CIP PROJECT # 4-076, "PLAYGROUNDS ON THE BEACH," ACCEPT AND APPROPRIATE $30,000 FROM THE VIRGINIA BEACH HOTEL AND MOTEL ASSOCIATION AND TRANSFER $70,000 FROM THE TOURISM GROWTH INVESTMENT FUND RESERVE FOR CONTINGENCIES TO CIP PROJECT #4-076 TO CONSTRUCT TWO PLAYGROUNDS ON THE BEACH 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 WHEREAS, the Virginia Beach Hotel and Motel Association has proposed partnering with the City to construct two playgrounds on the beach to enhance the City's efforts to provide family-oriented activities. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That CIP Project # 4-076, "Playgrounds on the Beach," is hereby established. 2. That $30,000 is hereby accepted from the Virginia Beach Hotel and Motel Association and appropriated to CIP Project # 4- 076, "Playgrounds on the Beach," with revenue from local sources increased accordingly. 3. That $70,000 is hereby transferred from the Tourism Growth Investment Fund Reserve for Contingencies to CIP Project # 4-076, "Playgrounds on the Beach," with revenue from local sources increased accordingly. Adopted by the Virginia, on the 6th Council day of of the M.:lrch City of Virginia Beach, , 2007. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: , lJUIt-f t I(~ Ci ty Attorney's ffice CA10276 V:\applications\citylawprod\cycom32\Wpdocs\D020\P002\O0028615.DOC R-2 February 23, 2007 VIRGINIA BE.~CH Resort Advisory Commission 2101 Parks Avenue, Suite 502 Virginia Beach, Virginia 23451 (757) 385-4800 FAX (757) 422-3666 February 2, 2007 The Honorable Meyera E. Oberndorf and Council Members 2401 Court House Drive Municipal Center Virginia Beach, Virginia 23456 Dear Mayor Oberndorf and Council Members: At its February 1, 2007, meeting, the Resort Advisory Commission unanimously voted to support a pilot program of playgrounds in two locations on Virginia Beach, as submitted to the commission. If you have any questions or need any additional information, please don't hesitate to contact me. Cordially, original signed by Kenneth C. Taylor Chairman Resort Advisory Commission cc: James K. Spore, Virginia Beach City Manager Charlie Meyer, Virginia Beach Chief Operating Officer David Hansen, Virginia Beach Chief Financial Officer James B. Ricketts, Convention and Visitors Bureau Director Mike Eason, Resort Administrator RAC Commissioners - 34 - Item V-K.3. ORDINANCES ITEM #56174 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to APPROPRIATE $894,281 from the Fund Balance in the Tourism Advertising Program Special Revenue Fund to the FY 2006-07 operating budget of the Convention and Visitors Bureau for advertising and marketing related activities, with local revenue increased accordingly. Voting: 9-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel and Ron A. Villanueva March 6, 2007 1 AN ORDINANCE TO APPROPRIATE $894,281 FROM FUND 2 BALANCE IN THE TOURISM ADVERTISING PROGRAM 3 SPECIAL REVENUE FUND TO THE FY 2006-07 4 OPERATING BUDGET OF THE CONVENTION AND 5 VISITORS BUREAU FOR ADVERTISING AND MARKETING 6 RELATED ACTIVITIES 7 WHEREAS, $894,281 has accumulated to the fund balance of the 8 Tourism Advertising Program Special Revenue Fund and should be 9 appropriated to fund advertising and marketing activities. 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 That $894,281 is hereby appropriated from fund balance in the 15 Tourism Advertising Program Special Revenue Fund to the FY 2006-07 16 Operating Budget of the Convention and Visitors Bureau for 17 advertising and marketing activities, with local revenue increased 18 accordingly. 19 20 Adopted by the Council of the City of Virginia Beach, 21 Virginia, on the 6th day of March , 2007. Requires an affirmative vote by a majority of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: \ knu ! K. ,~'-<^ City Attorney's ffice CA10278 V:\applications\citylawprod\cycom32\Wpdocs\D021\P002\O0028690.DOC R-2 February 22, 2007 - 35 - Item V-L.1. APPOINTMENTS TEM # 56175 BY CONSENSUS, City Council RESCHEDULED: BEACHESAND WATERWAYS INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA March 6, 2007 - 36 - Item V-O. ADJOURNMENT ITEM # 56176 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:32 P.M. Q~___f2=__~!'_~ Beverly1!J. Hooks, CMC Chief Deputy City Clerk -- --- - ----~ uth Hodges Fraser, MMC City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia The Public Comment Session adjourned at 7:10 P.M March 6, 2007 - 37 - OPEN DIALOGUE Non Agenda Items Bill Eger, Virginia Avenue, President Shadowlawn Civic League, spoke in SUPPORT offundingfor the Revitalization Project, encompassing storm water drainage project and sidewalks. Petitions containing 685 signatures in support were distributed. This project is also known as the South Lake Holly Watershed Project (CIP #07-016). Photographs were also shown to City Council, which were distributed by other individuals (pretending to be members of the Shadowlawn Civic League) and in opposition to the Civic League 'sformal support Diane Gillespie, Past President - Shadownlawn Civic League (in existence since the 1950 's) and Director - Shadowlawn Revitalization Project, 710 Winston Salem Avenue, Phone: 437-1422. Correspondence, concerning the ditch drainage system, to John Herzke, City Engineer, dated November 20, 1996, was read into the record. A package of information consisting of Shadownlawn Newsletters, By Laws, Minutes and correspondence are herby made a part of the record. Jim Flanagan, 708 Arctic, Phone,' 428-2456, served as President of the Shadowlawn Civic Leaguefor two (2) years, and held other offices for four (4) years. Hisfamily has resided in this vicinity since 1924. Mr. Flanagan spoke in SUPPORT of revitalization Jenny Cohen, 828 High Point Avenue, Phone: 339-3995, presented her family (Scott, Eliza and Quinn), Resident of Shadowlawn for nine (9) years. Ms. Cohen implored the City Council to continue with the revitalization project. Evalena M Hackman, 423 March Duck Way, Phone: 425-1212, presented information which she had previously e-mailed to the Mayor and City Council Members. Her "State of this Union" address to Virginia Beach City Council and correspondences are hereby made a part of the record. . March 6, 2007